Three Men Have Now Accused Topher DiMaggio of Allegedly Raping Them

Instinct Staff | January 27, 2018

Porn star Tegan Zayne was the first to discuss his alleged rape experience with fellow actor Topher DiMaggio, which he claims happened the night before they were supposed to film a scene. Now, two more have stepped forward with their own claims.

The second person is a man who is not in the porn industry and is going by the name "Dan" in this situation. He told his story to fellow gay news site Hornet, where he discusses how DiMaggio allegedly raped him back in 2016.

Excerpts from his story include:

Things went by, people left the party, and the next thing I remember is that I am alone with Topher in this place. I don’t know if I fell asleep and he woke me up, or how exactly I got into this position, but I was in the bedroom, I wasn’t wearing clothes, I was face-down, and he was trying to have sex with me.

And so I remember saying “No, I don’t want to do this,” and he said, “No, don’t worry about it,” and that’s kind of exactly what he said to Tegan. He was like, “No, it’s fine, don’t worry about it.” He inserted himself inside of me and started to have sex with me.

I said, “Stop, no, this hurts,” and he said, “Just don’t worry about it. Don’t worry about it.” And he kept going and going and going and I just remember saying “no, please stop, no, please.” And I remember … I could see it and feel it in my head. I could remember where I was, where my body was, the pain, where he was, and then he finished inside me.

And was like … OK, well, what the fuck? I don’t know where I am, really. I’m stuck here. And then I woke up the next morning, not really knowing what was happening, sort of putting the pieces together. It wasn’t until I left and went home and I showered and I felt the pain and I was like, Holy shit, I need to go see a doctor.

"Dan" went to the hospital and was put on anti-HIV medications for 30 days to prevent potential exposure. He didn't go to the police, however, due to fears of retaliation and not knowing “what this guy was capable of,” adding, “I didn’t know if he had guns or if he was on drugs.”

He is identified in this interview as "Bryan", who similar to "Dan" is not involved in the porn industry however the former's friend is who contacted the owner of Str8UpGayPorn regarding the alleged rape.

"Bryan", who is now 33, claimed that the incident happened back when he was 32. His story involves meeting DiMaggio at a club, who he claimed was very physical not only with him but his group of friends who he was with. He claimed DiMaggio started pushing his head down in the middle of the dance floor, but wasn't interested in hooking up with him.

Then, they both went back to a friend's house where "Bryan" alleges DiMaggio got really violent with him in the bathroom, where he pushed his face against the wall. Then, his lip allegedly busted open and he started to taste blood. Similar to what happened with "Dan", he tried to enter "Bryan" after pushing his face into a wall, which he did, but "Bryan" didn't yell for help during but didn't as he wasn't able to push DiMaggio off.

He then left and told his mother, roommate and friends about the alleged experience but just like "Dan"... never went to the police. He also got checked for STD's and HIV, and came back negative.

"Bryan" did say this regarding other people discussing what DiMaggio has allegedly done to them:

"I’m glad that this story has come out, because this is a real issue that other people need to hear about and learn from. I spent months worrying about my own reputation, or how I would look to others if people found out, and I’ve worried about being hurt all over again. But I think I’ve learned to think of myself as attractive again, and to love myself again."

These allegations are bullshit. You mean to tell me that you allowed a man to shove his thick cock in you and all you could do was say "No, stop, it hurts?" You couldn't have kicked him in the nuts, kicked him off you, beat him the hell up? What kind of a dude lets another guy rape him, even if intoxicated. That he "allowed" Topher to insert himself in him is the wussiest thing I have ever read. I'm supposed to feel sympathetic? HA! Seems to me he was begging for it. For starters, no one told him to go to the party he was at, that was HIS choice. Second, he must have been acting like a little cumdump whore to be in his drunken, drugged up state (nice how he doesn't mention how many lines he had or how many drinks he had). Third, the story reeks of lie. Why would he rape you? Topher is a beautiful, gorgeous guy with a great cock and he picked the drunken slut to fuck? I don't think so, he has more class than that. This story has TOO many holes in it. To the "alleged victims", here's a tip: Start acting like men, not bitchy, whiny women. The "#metoo" bullshit does not include wimps, nor need them.

Don't know about these other stories but he is extremely aggressive, in a very bad way. I don't think he has any empathy. This will hurt him more than it hurts the people around him, eventually. About 9 years ago I was hanging around with a group of friends he was acquainted with when he lived in Houston. We were at a bar standing around talking and he started touching and grabbing me. I didn't like the guy at all so I was telling him to stop and get off me, not in any way that could be perceived as joking or flirting either. While we were standing there in the group in the middle of the bar he grabbed me around the neck (uncomfortably tight - I could barely talk) and stuck his hand down the back of my pants and stuck his finger in me. I was more worried about getting his hand off of my neck. I get that could be fun or flirty if you like guy... but I didn't like him, and he knew I didn't like him. I felt awful after that and went home right away. That's the kind of guy he is - no respect, and willing to go very far to prove that he doesn't respect you and that you know it.

There's no difference whether it's a straight woman or gay man, or straight man or gay woman.......it doesn't matter.......truth is......rape is rape. Period. I can't believe that people are blaming the victim because they are gay men. WTF?????

Topher is a rude, vile, horrible person. I had an interaction at a bar where he pushed me out of the way and screamed “move!” to get into his little vip booth instead of saying excuse me like a normal person. Mind you I was sober with plentyyy of room around me and nobody was even in the booth at that moment. I’ve despised him ever since.

Topher has sexually molested me on numerous occasions in public against my will. Literally screaming for him to stop and let me go. After he had his way with me... he called me a pussy and told me to be more of a man and walked off.

When I read your comment, I LAUGHED!!!!!!!!!! You're a dude and you let some guy fuck you in the butt? Oh, please, you loved every minute of it. That way, you can brag to your friends you took his big, girthy cock. And just for the record, he doesn't fuck twinks, which clearly, you are.

Well ya'll in that "gay" lifestyle. What'd you expect? If you are at those clubs messing around with those people you only have yourself to blame. I mean come off it anyone can see that Topher DiMaggio is violent when on drugs. And all of you go back to his place instead of reporting him to the police? Even that tranny Ts Madison Hinton (Timothy Hinton) knows better than to mess with Topher.

Why do people wait years to report these things to the authorities and expect folks to believe them atleast Tegan told people soon but I watched that scene and from what he was saying he had a huge crush on Topher Dimaggio .Topher is cute other than that I don't know him ,never met him or anything .So what Teman is doing is defamatory. No I've never been raped but I've been abused and I know abuse is abuse I have to live with the scars daily.

I got rape by him a year ago when he was in LA he offer me a drink at the abbey and then I don’t remember more :-( I woke up at a hotel he was getting me naked. I couldn’t really fight back I was kinda drunk n whatever was on that drink I was feeling confuse next thing he forced me to take his cock I remember I was bleeding after n in pain

Where's the proof? Anyone can write they were raped by a porn star. All I've been reading the past few weeks is he said, he said. These stories are far fetched and none of them filed a police report, not one.

Can honestly say the same thing about all these women making the claims of being raped because don't forget, a lot of these women waited YEARS after the 'rape' happened to finally say something. And with the statute of limitations, it's pretty stupid to wait. A few weeks or a month i can understand but not YEARS. If it happens to you, you say something immediately. Don't wait. I'm a prior victim so i said something a few days after it happened. Honestly, it's pretty pathetic that people going to Hollywood will endure that kind of behavior just for the sake of a fu**ing acting career?

Instinct, you should monitor these posts much better. This list has turned into an accusatory, immature nightmare. If you're going to post an article that can potentially be this inflammatory at least have the professionalism to monitor the comments.

I was brutally raped and left for dead when i was in the U.S. Navy back in 1986 and i did not report it out of feer and embarrassment. For years i blamed myself and part of me still does even after over two years of counselings. It took me until 2015 to finally seek help for the nightmares and other symptoms that never left me from that trauma. So i fully understand why some people never come forward and live in silent pain. i know i did. So stop judging people if you never walked in their shoes.

The same thing happened to me in 1983. Like you I started getting help a couple years back and was diagnosed by the VA as having PTSD. Would love to share experiences with you but don't know how. -Michael

I would love to talk with you about what we both went through. I'm not sure how to do this either. If you can please contact me on my F B page Michael Kendrick (Michael Mike Kendrick) I live in Chesterfield, Virginia. It would truly be nice to have someone i can talk to that truly understands.

I have to say I see both sides here. Rape is rape. But the porn star aspect does make me wonder how true these stories are given that the industry produces illusions, it's known to be unscrupulous, in many cases is partnership with organized crime, and so many so called Stars, both gay and straight, male and female, die violent deaths or from overdoses. If these stories are true, bring charges against the guy. If these things have happened, it has to be recent and can be prosecuted.

Yeah why were there underage boys at your PARTY? Explain? Maybe you are a pedophile, you literally just outed yourself. Maybe those people who said that there are people acting "mad" were right. But that Topher does seem like a drug addict that has mood swings... like an ape.

Interesting the hypocrisy how a woman claiming a man raped her, held her down while she said no, and the crowd goes wild and the man is sent to jail. A man claims another man did the same, and all of the comments here are “why would you turn him down???” “I wish someone would force me down!” “Why did the victim only tell his mother and not go to th police?”

Looks like we still have a ways to go on the gender role inequalities.

Literally no one is saying that. None of the accusations have been tested even a little by the people so eager to report on them. Add to that the insistence on being anonymous AND naming someone else and it’s even worse. These victims want the right to say whatever they want about someone else without being questioned, fact-checked, or challenged. The reality is that their stories are crazy and all over the place. When you present such a bad allegation, you have to answer for that.

If topher insisted I couldn’t say no, so it wouldn’t be possible for him to rape me... but If he was raping me I’d get up and smash something on his head and leave while calling the police so I don’t understand how all these victims not one of them walked away if tthey didn’t want it. We’re they being held down and restrained or overpowered? The line between sex and rape can get blurred during the heat of passion and so when it comes to sex people need to learn that “no” means yes and “NO!!! “ Means rape.

If you’re not being held down and restrained or incapacitated being pressured into sex is not rape. It’s lousy yes, but it’s not rape. Honestly I wish someone hot would pressure me into sex. I’m always the one chasing(chasing, not pressuring.) I’d give anything for someone hot to lay ontop of me and hold my arms down keeping me from escape while also demonstrating their strength and dominance over me pressure me into saying yes. Well, I guess that never happens cause I always just say yes :(

Have u ever been raped! When I was drugged and raped, i don't remember being held down. But I remember saying what are u doing. So let me say, don't make a statement like this cuz it makes u look like an ahole

Follow Up: This comment was deleted from my post on the original blog:

That’s strange, but even stranger was a 32 year old man reporting the rape to his mother in lieu of, say, law enforcement. Also, what mother of a grown adult man (after hearing her son was raped by a stranger and receiving a picture of his split lip) responds “I’m sorry.” I have to appreciate the story but these narratives are credibility damaging to the victims more than the perpetrator, a reason I suspect for this insistence upon anonymity. Final thought: was everyone really so into the scene that strangers just met up at some guy’s house to party after leaving the club—was it a sex party, and what drugs were involved if so? They need to call the Maury show, because this sounds like pure drama.

A copy of my comments on the original post: The first two allegations described unfortunate encounters but did not suggest a crime had taken place. Felony rape is a serious allegation per se. As the complainant has been afforded anonymity, here are some important questions that must have been asked:

Has DiMaggio been questioned or charged as a criminal suspect in any of these allegations?

There is no official report of what happened. Thankfully, there’s also there’s no statue of limitations on rape (or they tend to be lengthy in many states.)

Taking pictures of a bruised lip and hopefully other evidence does substantiate the claim—did the timestamp on the photos match the date reported by the victim?

Also, text messages are great evidence, as are outcry witnesses. Did anyone (his mother for example) confirm the timeline?

Is there evidence that substantiates the assailant was in the city when the (alleged) rape took place?

Were the friends contacted? Did they hear the rape in the bathroom? We’re they both gone for over 15 minutes?

Were the victim/assailant in same the city when it took place? Most importantly, who reached out to the suspect for comment and did they decline?

I’ve defended sexual assault allegations between gay men before. The police have always asked the victim why they didn’t report. He wasn’t a porn star—was he afraid? Embarrassed? Ashamed? Why?

There isn’t enough evidence here to imply a pattern YET and the absence of these answers is disconcerting. Otherwise, this is great coverage of an important developing issue. The public needs more information, especially since they have names someone and accused them of a serious crime, and anonymity decries it.

Zachary Sire one of two bloggers who writes for the "str8upgayporn" blog already had a very questionable reputation.

I went to a couple of the articles in question and posted my reservations about whether or not these accusations were true. All were instantly deleted. Other comments which seemed infantile to be frank were left in place.

This leads me to believe that the 'story' is a complete fabrication by Zachary Sire.